Husband’s Increased Income Warrants Higher Maintenance for Wife: Delhi HC [Read Judgment]

New Delhi: The Delhi High Court has held that a rise in a husband’s income, coupled with the escalating cost of living, constitutes a “clear change in circumstances” warranting enhancement of maintenance under Section 127 of the Criminal Procedure Code (CrPC).

Justice Dr. Swarana Kanta Sharma delivered the ruling while allowing a revision petition challenging the Family Court’s refusal to increase maintenance.

Background

The petitioner–wife had been granted ₹10,000 per month as maintenance in 2012, based on her husband’s then net salary of ₹28,705. She later sought an increase to ₹30,000 per month, citing her husband’s pension of ₹40,068 and rising medical expenses due to arthritis and other ailments.

The Family Court, however, dismissed her application, reasoning that there was no substantial change in income since the husband’s gross salary in 2012 was ₹45,455, while his current pension was ₹40,068. It also noted that the wife had a bank balance of ₹2,09,724 and fixed deposits worth ₹4 lakh.

High Court’s Observations

Rejecting this reasoning, Justice Sharma observed:

“What has been completely overlooked is that in 2012, the net income of the respondent was taken to be only ₹28,705, and on that basis, maintenance of ₹10,000 was fixed. In contrast, his admitted pension today is ₹40,068, which is a clear increase.”

The Court held that the Family Court had erroneously compared the husband’s gross salary in 2012 with his current pension, instead of comparing net income with pensionary income.

Principle of ‘Change in Circumstances’

The Court reaffirmed that under Section 127(1) CrPC, the term “change in circumstances” not only covers financial changes but also other life circumstances of either spouse. It cited its earlier ruling in Sarita Bakshi v. State, stressing that maintenance must reflect evolving needs and realities.

Criticism of Husband’s Conduct

The bench also criticized the husband for deleting his wife’s name from the CGHS card, despite her being legally wedded and entitled to medical facilities.

“The entitlement to a CGHS/DGHS card is a valuable right flowing from the marital relationship and cannot be denied merely because the wife seeks treatment in a government hospital.”

The Court directed the husband to restore her name within two months.

Final Order

Taking into account that both parties are senior citizens living separately for nearly three decades, the Court enhanced maintenance from ₹10,000 to ₹14,000 per month, effective from the date of filing the revision petition.

“The maintenance fixed in 2012 at ₹10,000 per month, sufficient then, cannot by any stretch of reasoning remain adequate in 2025 when the respondent is drawing a pension of ₹40,068,” the Court noted.

The husband was also directed to clear arrears at the enhanced rate within six weeks.

Case Title: Smt. Krishna Kumari v. Sh. Surender Singh

[Read Judgment]